…he wants the Fourth Circuit Court of Appeals to agree with him and uphold the constitutionality of Virginia’s sodomy law — which makes anal and oral sex between people of any sex a crime — in the process.

Cuccinelli last week asked the full appellate court to reverse a three-judge panel’s decision and uphold the application of the law in a criminal prosecution against William Scott MacDonald, a very unsympathetic defendant.

MacDonald, 47 at the time, was convicted of violating the state’s criminal solicitation statute, which applies whenever a person over 18 “commands … or otherwise attempts to persuade” a person under 18 to commit a felony.

Two of there judges on an appeals court panel disagree with Cuccinelli.

The court concluded that Virginia’s sodomy law after the Lawrence decision is such a law, writing, “We are confident, however, that we adhere to the Supreme Court’s holding in Lawrence by concluding that the anti-sodomy provision, prohibiting sodomy between two persons without any qualification, is facially unconstitutional.”